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Kevin M. Veler

Kevin Veler’s Answers

692 total


  • What should we do? What kind of lawyer do we need?

    Hired a "contractor" last September to renovate house we just moved into last July. There were problems, specifically with sunroom and underneath deck. More and more problems emerged according to contractor. Our house is now in chaos and we hav...

    Kevin’s Answer

    The first thing I would strongly recommend is that you cease paying him until you have your contract and situation reviewed by an attorney who understands residential construction law and depending on the scope of work, the Georgia State Contractor Licensing Law. If the scope of work does require a state residential or general contractor's license you may have specific rights and remedies. Additionally in most Atlanta area jurisdictions pulling building and other permits and obtaining inspections is not optional, especially with regard to an above ground deck that has to be properly tied into the structure of the home. There are a number of good attorneys who can help, including me, if you wish but no one can offer you specific advice without reviewing the documents and your specific situation and working with you to determine how best to try to recover any money paid and to obtain remedies.

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  • What are my options when a fence request has been refused by the hoa on purely aesthetic reasons?

    I requested an approval from the hoa for the addition of a fence that would run down the right front side of my property and also along the front. In the section related to fences in our covenants there isn't anything prohibiting fences and where...

    Kevin’s Answer

    Dealing with HOAs can be very frustrating. Each situation requires a review of the actual covenants and other actions in the neighborhood, In general, a HOA may not be arbitrary or capricious in their actions. If there are similar fences in the neighborhood, then generally absent some unusual circumstances, they cannot deny you the ability to use the same type of fence. Often I recommend to clients that they document with photos these situations (in your cases, the lots with similar fences), show a sample of the fence you want, and follow any process in the covenants for an appeal. Do this in writing properly so to establish a record and remind them (nicely) that failure to grant the approval would violate certain rights etc. Sometimes it helps to have legal counsel draft this letter so that they will have the letter reviewed by legal counsel to understand the risk. You may also want to discuss what type of fence would be "acceptable" to see if compromise can be made. There is always a balancing act in these types of matters and often HOA count on most individuals deciding it is not cost effective to fight.

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  • Could I please get a lawyer to start next week on filing my case and having the contractor served? His business is in Newnan GA

    I hired a contractor to finish my basement and remodel my master bedroom (two separate contracts). his first team of workers were fired for not remodeling my home up to code. other team of workers came in but they walked off due to no payment from...

    Kevin’s Answer

    Although I am not in the Newnan area, I can certainly help you but before any suit is filed, I would have to review the contract, correspondence and other details to determine if the matter is ready for suit or if other strategies may be cost effective. There are questions that need to be resolved regarding the scope of the remodeling contract, state licensing issues, confirming registered agent location, and other matters but all things can be addressed with all deliberate speed. We may also need to discuss whether the matter is one for Magistrate's court or State/Superior Court. Also obtaining a judgment does not assure that you will collect.

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  • Is it legally required for a builder or county to retain blue prints?

    I am interested and attempting to find the blue prints for my home. I am going to have work done on my house and they would be very useful identifying several question I have about how it was built (the new contractor would like to see them as wel...

    Kevin’s Answer

    Neither the county nor the builder are required to keep copies of plans. In the construction industry it is common practice to create new entities for new subdivisions and for other purposes. As to questions about the work you are having done, most professional remodeled anticipate some surprises behind the drywall and can advise if engineering or architecture assistance is needed is issues are discovered.

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  • Is this first estimate without scope of work still valid, or does the new one void the old one and I can use another contractor?

    I got an Estimate/Proposal from a landscaper that did not provide scope of work, only materials, for $5000, he promised me verbally what he would do and I signed the estimate. He called back a week later and said he could not do the work for that ...

    Kevin’s Answer

    Without looking at the actual proposals/bids/contracts, it is difficult to know what you are seeking to "win". If the first estimate that you signed is for materials only and not labor and he verbally said he would include labor, it would seem that the estimate does not reflect what you are claiming. Whether a cancellation fee is appropriate depends including whether the estimate was made in your home and presented for your signature and including the 3 day right of rescission. I would recommend that you discuss the matter with Angie's List to see if they will have the landscaper cancel any threat (assuming that is what you seek) and if that does not work you should discuss the matter with counsel to discuss how to present in Magistrate's Court and to consider any counterclaims.

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  • How can I still set up my online business although I don't have a physical address to use with the SOS?

    I want to start an online sports marketing business (consultating/training) for high school students. Because it's online, there's no overhead. The problem is that I live in an apartment which I can't use as my physical address.

    Kevin’s Answer

    There is nothing in law that prohibits you from using your apartment address as your physical location but to avoid having to change it, you may use a PO Box or a mail service (or there are companies that offer mail services with conference room rentals). You DO need a Registered Agent to have an actual physical address located in Georgia and to be a real person for the potential service of process. This needs to be a trustworthy person with a valid address. There are legal consequences to this selection, for example, you may be sued in that county. Be careful in this selection and talk to an attorney or advisor in making it. There are some companies that offer services online but again, be very careful, a nice website does not mean that a company is legit.

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  • What type of attorney do I need in order to sue the builder for inferior work on my home new home

    My game room has a wall that gets wet when it rains. This has been going on since 11/2014. I have tried to work with the builder but the builder does not want to do the work that really needs to be done, open the wall and inspect where the leak i...

    Kevin’s Answer

    Generally you want a construction attorney but there will be some work involved in determining what the issues are and what is needed to correct as well as retaining experts. You also have hopefully complied with any warranty requirements.

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  • What should I expect upon calling the firm? Will this complaint lead to litigation? Should I seek counsel?

    I received notice yesterday that a complaint has been filed against me. I have not spoken to the law firm which called me today. At any rate, I plan to speak with them tomorrow. I believe the complaint to be in regards to a misunderstanding betwee...

    Kevin’s Answer

    When you say "complaint" that is usually a start of a legal proceeding and means a summons and complaint was served on you by a sheriff or other legal process server. If so, you have a limited time to answer as stated in the summons and you should retain counsel. (if it is an administrative complaint the time period and process may differ). I suspect that what you may have is a demand letter from the firm representing the party. They represent her and I would strongly suggest that you NOT discuss anything with opposing counsel until you have reviewed the matter with your own legal counsel in a timely manner. At most you should email them and tell them you are contacting your attorney and will have your attorney communicate with them and that they should cease all communication with you. You should then contact an attorney promptly and with all deliberate speed.

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  • What can I do legally to prevent the HOA from prosecuting me ?

    I'm buying a home with an HOA that has a bylaw stating a homeowner can't have more than 7 ppl living in the home. This is a problem because I've got a family of 7 & I'm a foster parent. The home is 3500 sq.ft 5 bd. The HOA has agreed to draft a l...

    Kevin’s Answer

    While there may be limited options to create a case against the HOA or to otherwise pressure them, there would be no assurance of success and cost may be impractical. I would ask the seller to extend the due diligence period in order to have the HOA provide the waiver.

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  • Seller defaulted on a residential real estate contract. Buyer wants to file suit for specific performance, what's it cost?

    What does it cost to file the action, assuming that it doesn't have to go all the way to trial?

    Kevin’s Answer

    Your question is difficult to answer as you are seeking specific performance. If an attorney represents you in a legal action, absent approval of the court, the attorney may not withdraw and you will be responsible for all fees incurred. Expecting a "limited action" and attorney representation for the entire action is often foolhardy if you are not prepared to go to trial. There are options of limited representation if you wish an attorney to do limited work and NOT represent you in the lawsuit such as drafting a complaint which you file pro se. The cost of preparing a complaint (which does not include court costs, service and related fees) may be a few hours of work depending on the status of the case and the documentation. It would take an attorney time to review the case with you, determine if a case exists, has appropriate demand been made in compliance with the terms of the contract, and similar matters. A buyer may also need to consider the time involved in pursuing the suit and should not count on it being "settled". Legal proceedings may last months. Legal actions often have ways of taking twists and turns (some anticipated, some not). It is also dangerous to presume that the opposing party will act in an business efficient and reasonable economic manner rather than an emotional one. Absent some very unique circumstances, you may better off pursuing damages.

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